Opinion
Civil Case No. 05-40398, Criminal Case No. 94-50015-01.
February 23, 2006
ORDER DENYING PETITIONER'S MOTION
Before the Court is Petitioner's "Motion Denying Consent to Exercise of Jurisdiction by a United States Magistrate Judge," filed on January 30, 2006. On January 17, 2006, the Court referred Petitioner's motion to vacate sentence under 28 U.S.C. § 2255 to United States Magistrate Judge Wallace Capel, Jr. for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). In his motion, Petitioner informs the Court that, in accordance with the provisions of 28 U.S.C. § 636(c), he does not consent to the Magistrate Judge conducting any further proceedings in this matter.
Petitioner is mistaken, however, because the referral of his motion to vacate sentence to the Magistrate Judge for a report and recommendation does not require his consent. See 28 U.S.C. § 636(b)(1)(B). The section upon which Petitioner relies, which does require the consent of the parties, concerns proceedings in a jury or nonjury civil matter. See 28 U.S.C. § 636(c). Section 636(b)(1)(B) provides for the referral to a Magistrate Judge for a report and recommendation on, inter alia, "applications for postrial relief made by individuals convicted of criminal offenses and prisoner petitions challenging conditions of confinement," and consent is not required. 28 U.S.C. § 636(b)(1)(B) (footnote omitted). ACCORDINGLY, IT IS HEREBY ORDERED that Petitioner's motion [docket entry 1085] is DENIED.
SO ORDERED.